HASSAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The appellant is the first accused in S.T.No. 18/86 on the file of the Special Court for Trial of offences under Essential Commodities Act, Trichur. By its judgment dated 27-6-1986, the lower court convicted the appellant for the offence under S.7(1)(a)(ii) of the Essential Commodities Act, 1955 read with S3 of the said Act and Clause.3 of the Kerala Edible oil Seeds, Edible oils, Vanaspathi and Baby Food Dealers Licencing Order, 1975 and sentenced him to undergo simple imprisonment for a period of 3 months and to pay a fine of Rs. 1,000/- and in default of payment of fine, to undergo simple imprisonment for a further period of one month. The lower court acquitted accused 2 to 5 though they were also charged along with the appellant for the above offence.

(2.) According to the prosecution, on 3-11-1983 at about 9.20 PM, the appellant and four others transport unauthorisedly 461.200 K.gms. of palm oil in a jeep bearing registration No.KLI 1146 and the jeep was stopped and searched at Thidanad by PW.5, the Assistant Sub Inspector of Police, Thidanad and it was found that the appellant was in possession of the above quantity of palm oil. The second accused is the son of the appellant, the third accused was the driver of the jeep and accused Nos.4 and 5 were the passengers found in the jeep.

(3.) The prosecution examined P.Ws.1 to 5 and produced Exts.P1 to P7 to prove its case. In his statement under S.313 Cr.P.C. the appellant submitted that he purchased the coconut oil from four or five cultivators from Thodupuzha and brought them to Erattupetta for transporting to Kanjirappilly, that when the vehicle reached Erattupetta it developed some mechanical trouble and he hired another jeep for transporting the oil to Kanjirappilly, that when the jeep reached Petta Junction, two persons were given a lift by the driver and the jeep proceeded further and that at Thidanad, the Assistant Sub Inspector of Police stopped the vehicle and took the oil into custody. The 2nd accused stated that he heard about his father's arrest and went to the Police Station and it was then that he was also made an accused. The 3rd accused stated that he was the driver of the jeep, which was hired by accused 1 and 2 and he was made to understand that what was sought to be transported by the 1st accused was coconut oil and that the 3rd accused was not connected with the offence in any way. Accused Nos.4 and 5 stated that they had nothing to do with the oil in the jeep and they boarded the jeep for going to Kanjirappilly on payment of Rs.3/-, as fare.